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False promises and the issues of migrant employees 

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By: Vivek

The migration has casted multi-dimensional penumbra on the lives of Kashmiri pundits as it has devastated them in every way possible whether mentally, emotionally, physically or economically. The nightmare of nineties is still fresh in their minds and if anyone of them tries to recollect that, it sends chills down the spine. Living all their riches behind, they were bereft of their houses, their lives, their livelihoods, well settled businesses and the very cosmic loss; the loss that is now conspicuous, the loss of ‘Mustaqbils’ (future) of their future generations.

The exclusion of Kashmiri migrant community from the much hyped meeting called by Prime Minister Modi alienated the members of the community which expected a lot from the present dispensation at center. The phrase ‘Kashmiri Pundits’ is rather on sale and is being sold during every political rally to gather support yet no concrete steps have been taken by any government for their welfare.

The UPA government led by Prime Minister Manmohan Singh had announced Prime Minister Package for Kashmiri Migrants in late 2008 as a promising policy for the relief and rehabilitation of migrants that too with the course of time derailed from its actual track. In order to impart rationality to my claim the discrepancies on the part of government are described further in this article.

Posts notified and filled under PM package are supernumerary in nature and the employees selected under Package have no claim on time scale promotion at par with people selected on general line hence creating stagnation of migrant employees at same posts hindering growth, which is requisite motivation for an employee. Whereas the posts are supernumerary in nature, the Government had failed to devise the policy for their promotion. Segregation of PM Package employees from general line and Lacuna of higher Posts noted for them left the Package employees to a dead end as far as growth is concerned. Secondly, contrary to the fact as duly promised for decent accommodation in Honorable PM package few employees were allotted with accommodation, few with transit and temporary shelter like accommodation and majority with no accommodation.

Here is the most recent one- on 01-12-2020, Union territory of Jammu Kashmir Government through its selection agency, Jammu Kashmir Service Selection Board (JKSSB), advertised 1997 Posts and mentioned SRO 412 and SRO 425 as their governing principles. SRO 412 in layman language are the rules that governs the recruitment under PM package, since 2009, and makes posts under package as supernumerary in nature while SRO 425 mainly is an amended form of SRO 412 for inclusion of Non Migrant Kashmiri Pandits for selection under PM package. Now after conduction of examinations while the selection process is at final stage the Jammu Kashmir Government through its GAD department passed an undemocratic, unjust, arbitrary and  retrospective law which provides  for the inclusion of PM package employees under SO 194. This mainly bars them for availing allowances for the period of two years likewise general employees.

As stated earlier when in the case of promotion the SRO 412 bars PM package employees from time bound promotion and they are placed at different place from general line then how can government strip them from their allowances and treat them at par with general line. This dual policy of Government is unjust, arbitrary, illegal and sheer violation of fundamental rights. Without advertising applicability of SO 194 while notifying the posts and now including aspirants under that holds no ground and is challengeable as well as defeatable through Honorable Court.

In this case if the government is willing to make Migrant Package employees and general line employees equal it should do away with the practice of procuring Bonds singed by Package employees and make their jobs transferable and should confer them every benefit of general line employee otherwise Package employees should be excluded from SRO 194 and allotted decent accommodation. Only that will serve the purpose of rehabilitation in principle. Sans that the term “Rehabilitation” is nothing but hoax.


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